Legal Question in Consumer Law in Georgia

I won an auction on Gunbroker.com. The seller stated that the only payment accepted was USPS money orders and that he shipped next day after receiving money. I live in GA and he is in AL.

I had never encountered a seller that required a specific money order so I guess I overlooked that requirement. I sent in a western Union money order ($268), which is easily cashed anywhere. When he received it, he immediately cashed it. The next day he emailed me stating that he was going to hold the item 10 days to wait for funds to clear. I was buying the gun to go shooting with a friend in FL on my vacation which would start that weekend, so that was not acceptable to me.

I responded immediately saying I did not accept that arrangement because that was not what was listed in his posting. I said I wanted my money and for him to keep the gun. He refused saying that I didn't follow his rules and that he did not issue refunds. He keeps repeating that he is going to ship at the end of 10 days.

I am not going to take delivery of this item and want to know if I have a case in small claims court to get my money back. Thank you!


Asked on 9/08/14, 8:57 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Sure, you can spend significant time and money on a lawsuit to try to get back $268. Start with the filing fee, plus you'll probably need a private process server to serve him in Alabama. You might have to sue in Alabama in his county. This is part of buying on online auctions so you should not count on immediate shipment in any case unless it is specifically stated as part of the deal and paid for. You also chose to buy a gun with a money order and it should be expected there is a hold time in these days of counterfeit checks and money orders. Sure, you can refuse delivery. Then you have the same problems and expense, plus you have no money and no gun. Get the gun and sell it.

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Answered on 9/08/14, 9:04 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You can spend a small fortune on filing fees and service for a case if ou wish. On the stated facts you almost certainly lose. It would be really foolish to refuse the shipment. Since counterfeit money orders are common, that is a wise precaution for a seller.

BTW, in the future, NEVER EVER buy anything by mail that is not done by credit card.

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Answered on 9/08/14, 5:16 pm


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